Victorian Reports - Authoritative Law Reports Since 1870

CLIFFORD (a pseudonym) v CORPORATION OF THE SOCIETY OF THE MISSIONARIES OF THE SACRED HEART

|Tsalamandris J

76 VR 526

CLIFFORD (a pseudonym) v CORPORATION OF THE SOCIETY OF THE MISSIONARIES OF THE SACRED HEART Supreme Court of VictoriaTsalamandris J 6, 9, 10 September 2024[2024] VSC 701Evidence — Tendency — Negative tendency — Tendency evidence proposed to be led by defendant — Whether negative tendency amounted to tendency evidence within the meaning of s 97 Evidence Act 2008 — Whether evidence possessed significant probative value — Evidence Act 2008 (Vic), s 97.

The plaintiff had been granted leave to adduce tendency evidence asserting that an individual under the authority of the defendant had a tendency to have a sexual interest in children and to act upon that interest. The defendant sought leave to adduce responsive evidence, to the effect that the relevant individual in fact had a tendency to act contrary to way asserted by the plaintiff.

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76 VR 526

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